Game room injunction thrown out, city looks to enforce new regulations ASAP

Houston and Harris County moved one step closer Friday in their quest to crack down on illegal game rooms after a judge threw out a restraining order which had blocked new regulations due to come into effect this month.

Game room owner Altaf Makanojiya, 31, had sought the restraining order and a permanent injunction against the new rules which his lawyers say are a "transparent attempt to outlaw game rooms."

According to City Attorney, David Feldman, the judge flatly denied the injunction, just one week after the restraining order halting the new laws had been put in place.

Attorneys for the county confirm the ruling saying they believe the judge agreed with their claim that Makanojiya had no legal basis for his suit because his primary business is supplying poker machines, not operating game rooms.

First Assistant County Attorney Robert Soard said his team are awaiting final clarification early next week but stated that if they are correct, the suit against them will now be dismissed entirely.

Even without a full dismissal, this means the new regulations go into immediate effect in Harris County with City officials looking to adopt them all across Houston as soon as paperwork can be finalzed.

"County to approve interlocal (agreement) in short order so enforcement within City can then begin," Feldman said via text message.

It's thought meetings may start as early as Monday or Tuesday with the final agreement going before Commissioners Court court for approval the week after.

"Of course we're pleased," said Feldman in a later phone interview, "We can move forward now with the regulations intact...these game rooms are a magnet for cinimal activity...the city has been frustrated that it's never been able to regulate properly before."

In attempting to tighten game room regulations it first adopted six years ago, the city has been sued by game room operators four times.

The new laws target game rooms housing six or more video poker machines which, although not illegal in Texas, have long been condemned by officials as hotbeds for illegal gambling, armed robberies and other criminal activities.

Harris County law enforcement officials estimate at least 8 people have been killed and nearly 100 aggravated robberies reported at Houston area game rooms in recent years.

There are around 367 establishments of this type in Houston and about 300 more in the unincorporated county according to official estimates. Players can legally gamble on game machines but only for prizes of a few dollars.

While still not outlawing game rooms entiring the new regulations significantly restrict their operation.

They state that game rooms operators must obtain permits, pay a $1,000 annual fee, shut down between 10 p.m. and 8 a.m. and are banned from requiring a membership for entry, a practice officials say keeps undercover police officers out.

New game rooms must also be located at least 1,500 feet from schools, churches and residential neighborhoods.

Lawyers acting for Makanojiya, who supplies video poker machines known as "eight-liners," say the location restrictions are not a concern.

Jason Booth said it's restrictions on opening hours and criminal penalties for violations which are the issue, describing them as "crazy."

Under the regulations, violators would be charged with Class A misdemeanors and could face fines of up to $10,000 and possible jail time.

"It's government getting in the middle of these small businesses that operate legally," said Booth, adding that he believes the restrictions exceed the regulatory authority the state Legislature gave county law enforcement agencies last year.

First Assistant County Attorney Robert Soard said the county modified the proposed regulations to address concerns raised by the game room and bingo industry, and held several public hearings before they were adopted.

According to Harris County Sheriff's spokesman Alan Bernstein, deputies aim to start enforcing the new rules May 1st to give game room owners time to get permits and ensure they fully comply with the regulations.

City attorneys hope they may beable to move things quickly enough to have Houston-wide enforcement by April 1st.